S4723-118

1. Short title; table of contents This Act may be cited as the Keep Families Together Act. The table of contents for this Act is as follows:

2. Definitions In this Act: The terms agent and officer include contractors for the Federal Government. The term child means an individual who— has not reached 18 years of age; and has no permanent immigration status in the United States. The term committees of jurisdiction means— the Committee on the Judiciary of the Senate; the Committee on Health, Education, Labor, and Pensions of the Senate; the Committee on the Judiciary of the House of Representatives; and the Committee on Education and the Workforce of the House of Representatives. The term danger of abuse or neglect at the hands of the parent or legal guardian does not include dangers directly relating to migrating to or crossing the United States border. The term designated agency means— the Department of Homeland Security; the Department of Justice; and the Department of Health and Human Services. The term finding means an individualized written assessment or screening by a trained agent or officer that includes a consultation with a child welfare specialist that has been formalized in accordance with sections 3(c), 4, 5, and 9. Unless otherwise specified, the term Secretary means the Secretary of Homeland Security.

3. Limitation on the separation of families An agent or officer of a designated agency shall be prohibited from removing a child from his or her parent or legal guardian, at or near the port of entry or within 100 miles of the border of the United States, unless— a State court, authorized under State law, terminates the rights of a parent or legal guardian, determines that it is in the best interests of the child to be removed from his or her parent or legal guardian, in accordance with the Adoption and Safe Families Act of 1997 (Public Law 105–89), or makes any similar determination that is legally authorized under State law; an official from the State or county child welfare agency with expertise in child trauma and development makes a best interests determination that it is in the best interests of the child to be removed from his or her parent or legal guardian because the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to herself or others; or the Chief Patrol Agent or the Area Port Director, in his or her official and undelegated capacity, authorizes separation upon the recommendation by an agent or officer and based on a finding that— the child is a victim of trafficking or is at significant risk of becoming a victim of trafficking; there is a strong likelihood that the adult is not the parent or legal guardian of the child; or the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to themselves or others. An agency may not remove a child from a parent or legal guardian solely for the policy goal of— deterring individuals from migrating to the United States; or promoting compliance with civil immigration laws. The Secretary shall ensure that any separation authorized under subsection (a)(3)— is documented in writing; and includes (at a minimum)— the reason for such separation; and the stated evidence for such separation.

4. Recommendations for separation by agents or officers Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Health and Human Services, shall develop training and guidance, with an emphasis on the best interests of the child, childhood trauma, attachment, and child development, for use by the agents and officers, in order to standardize the implementation of section 3(a)(3). Not less frequently than annually, the Secretary of Health and Human Services shall— review the guidance developed pursuant to subsection (a); and submit recommendations to the Secretary to ensure such guidance is in accordance with current evidence and best practices in child welfare, child development, and childhood trauma. The guidance developed pursuant to subsection (a) shall incorporate the presumptions described in section 5. The guidance and training developed pursuant to this section shall incorporate evidence-based practices. All agents and officers of designated agencies, upon hire, and annually thereafter, shall complete training on adherence to the guidance developed pursuant to subsection (a). All Chief Patrol Agents and Area Port Directors, upon hire, and annually thereafter, shall complete— training on adherence to the guidance developed pursuant to subsection (a); and 90 minutes of child welfare practice training that is evidence-based and trauma-informed.

5. Presumptions In this Act— there shall be a strong presumption in favor of family unity; the Secretary shall ensure, to the maximum extent practicable, that sibling groups remain intact; and there is a presumption that detention is not in the best interests of families and children.

6. Required policy for locating separated children The Secretary, in consultation with the Secretary of Health and Human Services, immigrant advocacy organizations, child welfare organizations, and State child welfare agencies, shall develop public guidance that describes, with specificity, the manner in which a parent or legal guardian may locate a child who was separated from the parent or legal guardian pursuant to section 3(a). Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish the final public guidance developed pursuant to paragraph (1). The Secretary shall provide each parent or legal guardian who is separated from a child pursuant to section 3(a) with written notice of the public guidance to locate the separated child. All guidance developed pursuant to subsection (a) shall be available— in English and Spanish; and at the request of a parent or legal guardian, in the language or manner that is understandable by such parent or legal guardian.

7. Required information for separated families Not less frequently than monthly, the Secretary shall provide the parent or legal guardian of a child from whom he or she was separated with— a status report on the monthly activities of such child; information about the education and health of such child, including any medical treatment provided to the child or medical treatment recommended for the child; information about changes to such child’s immigration status; and other information about such child, which shall be designed to promote and maintain family reunification, as determined by the Secretary.

8. Annual report on family separation Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to the committees of jurisdiction that describes each instance in which a child was separated from a parent or legal guardian and includes, for each such instance— the relationship of the adult and the child; the age and gender of the adult and child; the length of separation; whether the adult was charged with a crime, and if the adult was charged with a crime, the type of crime; whether the adult made a claim for asylum, expressed a fear to return, or applied for other immigration relief; whether the adult was prosecuted if charged with a crime and the associated outcome of such charges; the stated reason for, and evidence in support of, the separation; if the child was part of a sibling group at the time of separation, whether the sibling group has had physical contact and visitation; whether the child was rendered an unaccompanied alien child; and other information in the Secretary’s discretion.

9. Clarifications If a child is separated from a parent or legal guardian, and a State court has not made a determination that the parental rights of such parent or legal guardian have been terminated, there is a presumption that— the parental rights remain intact; and such separation does not constitute an affirmative determination of abuse or neglect under Federal or State law. Nothing in this Act may be construed to limit any independent rights that a parent, legal guardian, or child may have under any source of law, including the Settlement Agreement in Ms. L. v. ICE, 18–cv–00428 (S.D. Cal. Dec. 11, 2023). Nothing in this Act may be construed to supersede or modify Federal child welfare law, as applicable, including the Adoption and Safe Families Act of 1997 (Public Law 105–89). Nothing in this Act may be construed to supersede or modify State child welfare laws, as applicable.

10. GAO report on prosecution of asylum seekers The Comptroller General of the United States shall conduct a study of the prosecution of asylum seekers during the period beginning on January 1, 2014 and ending on December 31, 2023, including— the total number of persons who claimed a fear of persecution, received a favorable credible fear determination, and were referred for prosecution; an overview and analysis of the metrics used by the Department of Homeland Security and the Department of Justice to track the number of asylum seekers referred for prosecution; the total number of asylum seekers referred for prosecution, a breakdown and description of the criminal charges filed against asylum seekers during such period, and a breakdown and description of the convictions secured; the total number of asylum seekers who were separated from their children as a result of being referred for prosecution; a breakdown of the resources spent on prosecuting asylum seekers during such period, as well as any diversion of resources required to prosecute asylum seekers, and any costs imposed on States and localities; the total number of asylum seekers who were referred for prosecution and also went through immigration proceedings; and the total number of asylum seekers referred for prosecution who were deported before going through immigration proceedings. Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit a report to Congress that includes the results of the study conducted pursuant to subsection (a).